Copyright and Royalty Policy

Policy Objective

The objectives of this policy and the associated administrative procedures are:

  1. To preserve traditional, academic practices and privileges with respect to the creation and publication of scholarly works.
  2. To encourage faculty and staff development of scholarly works.
  3. To foster the free and creative expression and exchange of ideas.
  4. To establish principles and procedures in accordance with Title J, Section 2 of the Policies of the SUNY Board of Trustees for equitably sharing royalty income derived from scholarly works produced at the College in those cases where the creator receives assistance from college personnel or utilizes college resources during the creative process.

Policy Statement

  1. Copyrightable, intellectual property produced as a requirement of a grant administered by the Research Foundation of the State University of New York will usually be in the name of the Research Foundation, and any royalties derived will be distributed and utilized in accordance with the grant requirements and the policies of the Research Foundation.
  2. Copyrightable, intellectual property produced incidentally to a grant administered by the Research Foundation of the State University of New York will usually be in the name of the Research Foundation. Royalties accruing from these materials will be placed in an account of the Research Foundation in the name of the creator. The funds may then be used to support the individual’s creative activities. If the Research Foundation decides not to market the material, the individual can request title to the copyright and will have the option of receiving any royalties as personal income or placing them in a Research Foundation account to support additional creative activities.
  3. Copyrightable materials produced as part of an individual’s responsibilities as a SUNY employee will belong to SUNY. Any royalties derived from such materials will be distributed to SUNY, the Research Foundation, and the College according to an agreement executed between SUNY and the Research Foundation on April 20, 1984.
  4. Copyrightable property produced by college employees which is not a requirement of their SUNY employment and which there was no use of college resources or assistance by college personnel will belong to the person creating the material.
  5. Copyrightable property produced by college employees which is not a requirement of their SUNY employment, but which utilizes significant college resources or requires significant assistance from college personnel during the creation, will be subject to an agreement executed between the College and the creator. This agreement will describe the property being created, recount the resources to be utilized or the assistance required, and detail the sharing of any royalties derived. The creator will meet with his/her supervisor, the Vice President for Administration, and the Director of Information Services and OnLine Learning as appropriate for the work being created for the purpose of executing this agreement. The meeting will be held as early in the creative process as possible. The Vice President for Administration will forward the proposed agreement to the Research Foundation and any other agencies as appropriate to ensure compliance with their policies.